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Birth Injury Lawyers of Texas

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Birth Injury Lawsuit

Texas Birth Injury Lawyers

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Has your child suffered a birth injury?

Speak with a lawyer today!

Call the lawyers you can trust to fight for the justice and compensation that you deserve!

Birth Injury Lawyers of Texas will fight for the largest verdict or settlement possible.

Why File A Birth Injury Lawsuit?

Experiencing childbirth is undoubtedly a rewarding experience, but it can also be associated with numerous risks and potential injuries for both the mother and the baby. If your newborn has experienced an injury that was preventable or due to avoidable causes, you have legal options available to seek financial recompense via filing a birth injury lawsuit.

Undoubtedly, giving birth is one of the most significant moments for many parents; yet, since each experience is unique and varied, not all are positive. In some cases, childbirth can become frightening or even heartbreaking when a birth injury occurs. Birth injuries refer to any physical trauma sustained by infants prior to or during delivery.

Unfortunately, many birth injuries are unavoidable and can’t be blamed on the medical professional. However, some of these types of injuries could have been prevented with proper care from a doctor or hospital staff. If your baby suffered an injury during labor due to negligence on behalf of a medical provider, you may want to consider filing a birth injury lawsuit in order to claim financial compensation for treatment that is needed for their long-term health needs.

The Birth Injury Lawsuit Process

If your baby is injured due to medical negligence while under the care of a hospital, you may be eligible for financial compensation. As a patient in a hospital setting, the institution has taken on the legal responsibility to provide you and your child with quality care. Birth injury lawsuit settlements can help bring justice into these unfortunate situations.

As parents of a newborn, you are entitled to financial protection should your child suffer an avoidable injury during childbirth. In the event that medical malpractice caused the distress endured by your infant, you have the right to file a birth injury lawsuit and gain compensation for any damages incurred.

Before you take any legal action, contact an experienced birth injury attorney. They will guide you through the process and help to devise a plan of action that best suits your case. Furthermore, they can start investigating the details surrounding your situation and determine if filing a lawsuit is appropriate for you. While all cases are unique in their own way, many follow a standard timeline:

  • File The Claim 

To begin your legal action, you or your attorney is required to submit the initial lawsuit. Be sure that this is done before the expiry of your state’s statute of limitations.

  • Wait For A Response 

Upon the initiation of your claim, the defendant has an allotted time period to either accept or reject it. As you and your attorney develop a stronger case during this phase, they must make their decision before the deadline.

  • Determine Settlement Negotiations 

By accepting the claim, you will initiate settlement proceedings with your defendant. Settlements are a common result of birth injury lawsuits.

  • Go To Court 

Should the defendant deny your claim, you can take them to court and battle for rightful reimbursement.

Who Can File A Birth Injury Lawsuit?

If your child was harmed during childbirth, you may be able to take legal action by filing a birth injury lawsuit. These kinds of medical malpractice claims are typically directed at the doctor or any other healthcare provider who caused the child harm. In order for such a case to prevail in court, an attorney must demonstrate that the injury resulted from medical negligence on behalf of these professionals.

Submitting a claim by yourself or with an attorney who is not well-versed in these matters can be overwhelming. Fortunately, birth injury law firms are equipped with registered nurses on staff to attentively hear your story and determine if medical negligence may have been the cause of your child’s injury.

If your child has experienced an injury due to inadequate medical care during the birth process, you may be eligible for financial reparation through litigation. An attorney can assess if your circumstance meets the criteria for such a claim and advise you on how best to proceed with this suit.

The Time to Act is Now 


Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for your injuries and losses.

Complete The Form Or Call – (888) 294-8480

Before A Lawsuit Is Filed: Investigation And Notice Of Intent

Our team of lawyers will start the process with either a phone call or an email. After our initial consultation, they’ll help you acquire all necessary medical records and thoroughly review each one to determine if negligence is evident. If any signs are clear-cut, we can settle your claim immediately by issuing a “demand”. But if it’s not so straightforward, that means more research needs to be done – talking to other healthcare professionals and enlisting expert witnesses for additional insight. With their results in hand, we can proceed confidently with filing a Notice of Intent should litigation become inevitable.

In Texas, a patient must formally alert healthcare providers or facilities of their intention to sue by providing them with an official Notice of Intent (NOI). This NOI should be clearly defined and include the following information: what led to the claim, relevant standards of care that were ignored, any misconduct on behalf of the facility/provider that caused injury, as well as how this breach could have been avoided. Failing to provide each entity involved with such specifics can delay legal action and potentially lead to dismissal.

Upon receiving the Notice, healthcare providers or facilities have 154 days to respond and provide details extolling their defense of the claim. They must include what exactly they are basing their argument on, which standard of care was in place during treatment, how this standard was successfully met by them, and explain why any injuries sustained were not due to negligence.

To give the parties a chance to settle, the patient must wait 182 days after providing their Notice of Intent (NOI) before taking legal action. During this period, our team will be in direct contact with the healthcare provider or facility and insurance companies to attempt settling outside of court. If we cannot reach an agreement prior to filing suit, then it is necessary that a lawsuit be initiated.

The Birth Injury Lawsuit Process 

  • The Birth Injury Complaint And Answer

When a birth injury lawsuit begins, the children’s family files and serves a Complaint against the health care provider or facility. This document outlines all grievances experienced by the plaintiff with regard to healthcare services received. The subject(s) in question are referred to as defendants who have either 21 days or 28 days (if served via mail) to file an Answer along with possible Affirmative Defenses that may negate any charges filed against them.

  • Discovery

After the Complaint is submitted, and commonly after the defendant has sent in an answer to it, “discovery” commences. This procedure allows each party to be aware of what evidence they are up against – what documents they have acquired and how their witnesses will testify at trial. There are written discoveries as well as depositions that involve formal question-and-answer sessions conducted orally. In most medical malpractice cases, the plaintiff’s team typically calls upon patient witnesses and their family members along with those who had observed the healthcare or the birth injury in question to testify first. Expert witnesses retained by either lawyers’ teams are usually questioned later in the legal proceedings. For a more thorough overview of the deposition process, please click here for further information.

  • Motion Practice

During the discovery period, “discovery motions” are filed to require a party’s response or set out the scope of the investigation. After this stage ends, filing for “dispositive” motions begins – these address issues in detail and might even close down the entire case. As the trial approaches closer, Motions in Limine emerge which assess if certain proof/testimony can be presented during court hearings. All requests that call upon judicial decision-making are referred to as ‘motions’.

  • Alternative Dispute Resolution

After the discovery period has concluded, there are numerous pathways to reach an agreement. It’s common for attorneys on both sides of the case to negotiate and come up with a resolution. Additionally, legal proceedings such as case evaluation (where three lawyers present their own settlement number), mediation (in which each party works together with a mediator to find an accord) and even settlement conference (a meeting between all parties involved and a judge that may help facilitate talks) can be used in order to successfully settle matters at hand.

  • Trial

If a resolution isn’t reached, the court sets a trial date and both parties begin preparing. Cases often settle during this period or even after the start of the proceedings. On day one, jurors are selected before opening statements take place; plaintiffs present their case first to prove medical malpractice (standard of care, breach, causation, injury & damages). Afterward, defendants usually cross-examine each witness brought up by the plaintiff.

After the plaintiff’s evidence has been presented, defendants often make a motion for a directed verdict – asserting that the case should be concluded at this point as the plaintiff has not proven medical malpractice. These motions are rarely accepted by judges. Afterward, it is time for the defendant’s evidence to come forth; oftentimes plaintiffs can call rebuttal witnesses following the completion of the defendants’ testimonials.

​After every witness has been heard, each party submits their closing statement: the plaintiff first and then the defendant. The plaintiff is typically given the last say in a brief rebuttal argument before jury instructions are issued and deliberation commences. Deliberations can last mere minutes or extend for days; ultimately resulting in either an award of monetary compensation to the plaintiff or a victory for the defending side with no cause found against them.

  • After Trial

Litigation rarely ends with a verdict. Subsequently, post-trial motions are filed to either overturn the outcome or reduce its monetary value. Once those motions have been submitted, the court unveils a judgment – which is not necessarily final and may be subject to appeal. This can take anywhere from one year up until several years in certain cases; settlements also sometimes occur during this period of appeals.

The Court of Appeals will either validate the judgment or, in the event that mistakes occurred during the trial influencing its outcome, overturn and send it back for further processes. Either party can request that the Michigan Supreme Court evaluate the ruling from the Court of Appeals. In case a validation is issued by the said court and no appeal is made to The Supreme Court, then it shall be compulsory for any imposed judgment amount to be paid off by the defendant.

If the Court of Appeals remands, and the Supreme Court decides not to hear it, proceedings will continue in the trial court. This could mean just a revision of judgment or an entirely new trial. However, if the Supreme Court takes on the case itself, they may either confirm or reverse back to either the appellate court or lower level for further development.

At Birth Injury Lawyers Texas, we understand how emotionally and mentally taxing the litigation process can be. A roller coaster of emotions with ups and downs along the way, it’s a grueling ride that no one should ever have to navigate alone. That is why our team considers every possible option available – from early settlements right through to trial or appeal – ensuring you are never without the support throughout this difficult journey.

The Time to Act is Now 


Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for your injuries and losses.

Complete The Form Or Call – (888) 294-8480

How Much Are Birth Injury Lawsuit Settlements?

Birth injuries such as cerebral palsy, Erb’s palsy, and infant brain damage can cause life-altering distress from the start. Unfortunately, some of these medical afflictions cannot be avoided; however, many arise due to carelessness or malpractice by medical personnel. In cases where negligence is a factor, families may bring lawsuits against those responsible in order to obtain compensation for rehabilitation expenses, specialized gear, and other connected expenditures.

Who Qualifies For Birth Injury Settlements?

To receive a birth injury settlement, your child must have suffered an injury or harm resulting from medical malpractice by a doctor or healthcare provider during labor, delivery, or shortly after. Most of these cases are settled out of court without having to go through the trial process.

If you think that your child’s condition may be attributed to medical negligence, then a birth injury lawyer with registered nurses on staff can help provide the answers and clarity you are seeking. Ultimately, talking to an experienced attorney is often the most prudent way of assessing if filing for a settlement related to birth injuries is justified.

What’s The Difference Between A Birth Injury Settlement And A Verdict?

In an overwhelming majority of birth injury cases, the plaintiff and defendant opt to settle without ever needing to enter the court. These settlements involve a pre-determined sum paid by the negligent party in exchange for the dismissal of the claim. By taking this route, both parties are able to avoid undue stress on their time commitment as well as the financial burden associated with mounting legal costs.

If lawyers are unable to come up with an agreement, court proceedings move forward. During this time, a judge and jury will decide the amount of recompense (if any) that is owed to the plaintiff. This compensation is officially known as either a jury verdict or an award.

Since the ruling of a jury is always unpredictable, going to trial carries more risk than settling out of court. Additionally, birth injury trials tend to take longer than settlements do. For these two reasons combined, attorneys typically prefer coming up with an agreeable settlement rather than bringing it before a judge and jury for a verdict.

What Is the Average Birth Injury Settlement?

On average, birth injury cases that have gone through trial yield settlements between $1.3 and $1.6 million; however, this figure is lower than the actual average because of confidential settlements for more serious or inflammatory injuries. In truth, most birth injury cases remain discreetly sealed from public knowledge – with only these retained records determining our current understanding of their value in compensation awards.

Birth injury malpractice settlements that bypass courtrooms tend to be comparatively lower, usually ranging from $400,000-$500,000. This is because these cases are typically less complex and call for a smaller amount of compensation yet can still be resolved in a timely manner without the need for prolonged legal proceedings. Overall, birth injury suits grant higher settlement amounts than regular medical malpractice claims.

What Influences The Value Of A Birth Injury Settlement?

Birth injury settlements are determined by a few components, with the most prominent being how severe the injuries were and what economic losses resulted from them. It’s noteworthy that when it pertains to assessing the severity of these birth-related traumas, age plays an essential role in determining their average settlement value. Injuries encountered during childbirth can have lasting effects for many years afterward; thus, making accurate compensation incredibly important.

Severe and long-lasting neurological damage may occur in newborns from traumatic injuries, resulting in permanent disabilities. This is obviously a major component to consider when deciding on the value of the settlement; but economic damages should also be taken into account–both for immediate medical expenses associated with the injury as well as those that will arise over time such as care or treatment.

Finding A Birth Injury Attorney In Texas

Bringing a newborn into the world is undoubtedly an unforgettable and joyous moment for any parent, yet it can quickly take an unexpected turn when their child sustains an injury during childbirth. Caring for such a hurt little one while coping with the emotional distress of this trauma can be tremendously difficult, leaving parents feeling both helpless and determined to seek justice from those responsible.

Birth injury attorneys are here to lend their expertise and assistance, so you can get the most favorable settlement. It is important that you find a lawyer who specializes in birth injuries, as they will be able to fight for your family’s best interests while giving you more time with them. Experienced attorney understands how difficult this process can be; therefore, they strive to make it easier for those involved by focusing on obtaining the optimal outcome. Letting professionals handle legal proceedings allows you peace of mind knowing everything possible has been done for your case.

If you or someone close to you has endured a birth injury, it is paramount that you contact Birth Injury Lawyers Texas as soon as possible. Our lawyers will work tirelessly and compassionately with your family to ensure proper recognition and compensation for any damages caused by the medical negligence of those responsible. Don’t hesitate to get in touch with a lawyer at Birth Injury Lawyers Texas today!

The Time to Act is Now 


Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for your injuries and losses.

Complete The Form Or Call – (888) 294-8480

Attorney Advertising. Prior results do not guarantee a similar outcome. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls or communications. However, contacting us does not create an attorney-client relationship. Please do not send any confidential information to us unless and until an attorney-client relationship has been established, which will be via a signed, written, retainer agreement. This website contains articles and commentary regarding certain jury verdicts. However, a jury verdict often does not reflect the actual amount that a plaintiff receives. Judges often reduce jury awards. Sometimes Judges add attorneys’ fees and other damages to awards. As a result, final awards or settlements, are often for different amounts than the amount awarded by the jury. Many of the jury awards discussed on the website, ended up being dramatically reduced. The depictions on the website that portray lawyers/clients are models and are not the actual lawyers/clients of the firm. The scenes depicted on this website are fictionalized.